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Approves The Withdrawal Of The Reservation Formulated To (G)) Of Article 10 Of The Protocol On The Privileges And Immunities Of The European Organization For The Exploitation Of Meteorological Satellites (Eumetsat), Adopted In Darmstadt, On 1 December ...

Original Language Title: Aprova a retirada da reserva formulada à alínea g) do artigo 10.º do Protocolo relativo aos Privilégios e Imunidades da Organização Europeia para a Exploração de Satélites Meteorológicos (EUMETSAT), adotado em Darmstadt, em 1 de dezembro de 1986

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No 3/XIII

The participation of the Portuguese Republic in the European Organization for the Exploration of

Meteorological satellites (EUMETSAT) is of enormous relevance, given the

responsibilities of the Portuguese State in the European framework and, in particular, in the region

atlantica in relation to the collection and provision of meteorological information for support

to air and sea navigation.

The Convention for the Establishment of EUMETSAT, approved, for ratification, by the

Resolution of the Assembly of the Republic paragraph 16/88 of August 4 and ratified by the Decree

of the President of the Republic No 60/88 of August 19, was reviewed by the Protocol of

Amendments to the Convention for the Establishment of a European Organization for the

Exploration of Meteorological Satellites, signed in Darmstadt on June 5, 1991,

approved, for ratification, by the Resolution of the Assembly of the Republic No 22/94, and

ratified by the Decree of the President of the Republic No 24/94, both of May 11.

It is in this scope that the Protocol on the Privileges and Immunities of EUMETSAT,

adopted in Darmstadt, on December 1, 1986, approved, for accession, by the Resolution

of the Assembly of the Republic paragraph 7/95, and ratified by the Decree of the President of the Republic

n. 16/95, both of February 7, defines the privileges and immunities considered

necessary for the efficient fulfillment of the exercise of the official activities of EUMETSAT.

Such approval, for accession, was, however, subject to certain reservations, namely

those made to Article 5 (1), at points (5) g ) and h ) of Article 10, and Article 23.

CHAIR OF THE COUNCIL OF MINISTERS

Under the terms of the paragraph g ) of Article 10 of the Protocol, to which it establishes that the members of the

staff of EUMETSAT enjoy exemption from " any national taxes on the

salaries and emoluments paid by EUMETSAT, excluding pensions and other benefits

similar paid by EUMETSAT, from the date on which such staff members

stay subject to a tax on the respected salaries charged by EUMETSAT, to

benefit of this ", was affixed reserve where it is established that this exemption would not cover the

national and permanent residents in Portugal.

However, considering, on the one hand, that the Portuguese taxation system is based on the

criterion of residence and, on the other, that formulation of such a reservation does not guarantee the equality of

treatment among members of EUMETSAT staff on the grounds of their nationality and

residence, and may act as a deterrent to the exercise of duties by nationals

in that international body, it matters to proceed to the withdrawal of the said reservation.

This reservation has been approved by the b) of Article 2 of the Assembly Resolution of the

Republic No 7/95 of February 7, which approved this Protocol, and therefore the approval of the

withdrawal from the reservation implies the consequent express revocation of this provision.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Article 1.

Approval

Approves the withdrawal of the reservation formulated at the point g ) of Article 10 of the Protocol on the

Privileges and Immunities of the European Organization for the Exploration of Satellites

Meteorological (EUMETSAT), adopted in Darmstadt, on December 1, 1986.

CHAIR OF THE COUNCIL OF MINISTERS

Article 2.

Abrogation standard

It is repealed at para. b ) of Article 2 of the Resolution of the Assembly of the Republic No 7/95 of 7

of February.

Seen and approved in Council of Ministers of March 31, 2016

The Prime Minister

The Minister of Foreign Affairs

The Secretary of State for Parliamentary Affairs